Finding Old Medical Records: An Australian Guide

how to find old medical records in australia

In Australia, most citizens have a My Health Record, a secure digital record of their health information. This record is accessible via the individual's myGov account and contains important health information such as allergies, medical conditions, treatments, prescribed medications, and test or scan reports. If an individual does not have a My Health Record, they can register for one at any time. To access old medical records, individuals can contact the health service provider that holds their health information and request access. State or territory laws govern how to access certain health information, and privacy laws dictate how long health service providers must retain patient records.

Characteristics Values
Record Access My Health Record is accessible via the myGov account.
Record Creation All Australians have a My Health Record unless they opted out before January 2019. People who are not eligible for Medicare can register for a record with an Individual Healthcare Identifier (IHI).
Record Management If you are 14 or older, you manage your record. Before that, an authorised representative, such as a parent or guardian, manages it.
Record Viewing Only you, your nominated or authorised representatives, and your healthcare providers can access your record.
Record Sharing You can decide which healthcare providers can access your record by setting a Record Access Code. You can also invite trusted people to become nominated representatives and choose their access level.
Record Content Your record includes medical conditions, treatments, medicine details, allergies, and test or scan results. You can also add your advance care planning document and immunisation history.
Record Updates You can update your record settings at any time and decide what to store. Both you and your healthcare providers can add information.
Record Transfer When changing healthcare providers, your current provider may transfer your record to the new provider instead of giving it to you directly.
Record Retention Privacy laws in states and territories dictate how long doctors must retain patient records. For example, in the ACT, NSW, and Victoria, records must be kept for seven years or until a child turns 25.
Record Requests You can request access to your health information from the health service provider. You can specify how you want to access the information, and they may charge a fee.

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Accessing health information through My Health Record

My Health Record is an online platform that allows individuals in Australia to access their health information in one place. The platform was introduced to streamline the process of accessing medical records, which previously were often paper-based and held separately by different healthcare providers, making it difficult to get a complete picture of an individual's health.

To use My Health Record, individuals must first register for an account and link their Medicare information through the myGov website. Once registered, users can access their health information through the My Health Record website or mobile app. This information includes details of medical conditions and treatments, medicine details (including prescriptions, bush medicines, and supplements), allergies, and test or scan results.

Users have control over their records and can decide which healthcare providers can access their information by setting a Record Access Code. Users can also choose to share access with trusted individuals, such as nominated representatives, who can be given different levels of access depending on their relationship with the user. It is important to note that authorised representatives, such as parents or guardians of individuals under 14, have full access to the dependent's record. However, once the individual turns 14, the authorised representative's access is removed, and they will no longer be able to view or manage the record.

In certain emergency situations, healthcare providers may override access controls to view an individual's health information without explicit access. This feature ensures that critical health data can be accessed when necessary, potentially saving lives.

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Requesting health information from health service providers

Australian privacy law gives you the right to request access to the health information a health service provider holds about you. State or territory laws cover health information held by a public hospital. To request access, contact the health service provider. Only you or a person you've authorised, such as a legal guardian or representative, can make the request. You may be asked to put your request in writing and for information that identifies you. You may also be asked how you would like to access the health information (e.g. by email or paper copies).

A health service provider should respond to a request for access within a reasonable period. If a provider refuses to give you access in the way you requested, they must provide a written notice explaining why and how you can complain about their refusal. A health service provider may charge a fee for giving you access, but this charge must not be excessive. If possible, they should tell you the likely amount of the charge and discuss options for changing your request to minimise the charge.

If you are unhappy with a health service provider's response, you can lodge a complaint with the Office of the Australian Information Commissioner (OAIC). The OAIC website provides further information on requesting health information. It also outlines the Australian Privacy Principles (APP) Guidelines, which contain the grounds on which a health service provider can refuse to give access. These include situations where giving access would pose a serious threat to the life, health, or safety of any individual or the public, or have an unreasonable impact on the privacy of other individuals.

For providers in NSW, Victoria, or the ACT, local legislation may contain specific requirements relating to the form of access. For example, ACT and Victorian legislation gives patients the right to request to have the information explained and to ask their former provider to give their new provider a copy or summary of their health record.

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State and territory privacy laws

Each state and territory in Australia has its own privacy legislation, which applies to public sector agencies, such as government departments and statutory authorities. The privacy laws in each jurisdiction are as follows:

Australian Capital Territory

The Privacy Act 1988 (ACT) and the Health Records (Privacy and Access) Act 1997 (ACT) govern the privacy of personal and health information in the ACT. The ACT Health Complaints Commissioner handles complaints about health privacy breaches and can provide information and assistance to individuals seeking access to their medical records.

New South Wales

In NSW, the Privacy and Personal Information Protection Act 1998 (NSW) and the Health Records and Information Privacy Act 2002 (NSW) govern the privacy of personal and health information, respectively. The NSW Civil and Administrative Tribunal (NCAT) deals with complaints about health privacy breaches and can order the release of health records if necessary.

Northern Territory

The Information Act 2002 (NT) and the Health Records (Privacy and Access) Act 1997 (NT) govern privacy and health information in the Northern Territory. The NT Information Commissioner handles privacy complaints and can provide

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Nominating a representative to access your records

In Australia, a nominated representative can view or help manage another person’s My Health Record. This means that important health information is available when and where it is needed, including in an emergency.

A nominated representative must act in accordance with the will and preferences of the person whose record they are accessing. They might be a family member, close friend, or carer.

To nominate a representative, you will need to have My Health Record linked to your myGov account. You can then sign in to your myGov account and select My Health Record from your list of ‘Linked services’. From your My Health Record welcome page, select the record you want to access.

There are three levels of access: General Access, Restricted Access, and Full Access. You can select the type of access you would like to grant to your nominated representative. You can also update or remove your nominated representative's access at any time.

If you are nominating a representative for a child, there are some additional considerations. If your child is on the same Medicare card as you, you can create and/or access their My Health Record online. When you create or access their record online, you automatically become their authorised representative. If your child is on a different Medicare card or is not enrolled in Medicare, you must complete the 'Apply to be your dependant’s authorised representative and register them for a My Health Record' form.

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Registering for a My Health Record

To register for a My Health Record, you must be 14 years or older. If you are under 14, an authorised representative such as a parent or guardian can manage your record. Once you turn 14, your authorised representative will be removed, and you will be responsible for managing your own record.

To create an account, start by linking your Medicare account to your myGov account. Then, download the My Health Record app, which will allow you to access your electronic prescriptions and key health information.

You can decide what information you would like to store in your record and which organisations can upload records. Your healthcare providers, Medicare, yourself, and any trusted individuals you authorise can add information to your record. This can include details of your medical conditions and treatments, medicine details (including bush medicines and supplements), allergies, and test or scan results.

In an emergency, your My Health Record can provide potentially lifesaving information to healthcare providers. You can also use it to make sure your healthcare wishes are known and considered.

Frequently asked questions

You can access your old medical records by requesting them from your health service provider. You can request to access your health information in a particular way, such as by email, phone, hard copy, or electronic record. If you are registered with Medicare or have an individual healthcare identifier (IHI), you can also access your records through the My Health Record system.

If your doctor was part of a larger practice and has retired or died, the practice may retain the doctor's records. In this case, you can request your records from the practice. If the doctor worked independently, you may need to locate the executor of the doctor's estate to obtain your records.

If you don't have a My Health Record, you can register for one at any time if you are registered with Medicare or have an IHI. You can request an IHI from Services Australia. Once you have registered, you can access your My Health Record by linking it to your myGov account.

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